STATE OF RAJASTHAN Vs. KHEM CHAND

JUDGEMENT

(1.) THE second appeal before me arises out of a suit by the respondent questioning the validity of a Government order by which the order of fixation of the respondent's salary was superseded. The plaintiff had sought the relief for the recovery of a sum of Rs. 5,85852 paise wrongly deducted from his salary.

(2.) THE appeal involves a question regarding the interpretation of Rule 3 of the Rajasthan Civil Service (Unifications of Pay Scales) Rules, 1950 read in conjunction with the Schedule appended to the Rules.

(3.) THE suit was contested by the State of Rajasthan. The stand taken by the State was that as the posts of Accountants came into existence from 10 -5 -54 only vide Government order Ex. 4, the plaintiff was not entitled to draw the salary in this grade from any earlier date.